YL v Birmingham City Council [2007] UKHL 27

A care home, when providing accommodation and care to a resident, pursuant to arrangements made with a local authority under ss21 and 26 of the National Assistance Act 1948, is not performing "functions of a public nature" for the purposes of s6(3)(b) of the Human Rights Act 1998 and is thus in that respect not a "public authority" obliged to act compatibly with Convention rights under section 6(1) of that Act. This is so even though the accommodation and care was arranged, and is being paid for, by the local authority.

Related judgments

YL v Birmingham City Council [2007] UKHL 27


See Health and Social Care Act 2008 section 145 (Human Rights Act 1998: provision of certain social care to be public function).

External links


"Exercise of delegated council duty is a private function", Times Law Report, 21/7/07